Studies On Punitive Damages System

Punitive damages system is a type of remedy system opposite to compensatory damages system. Originating from common law countries, it also has great influence on civil law system countries. Even in common law countries, however, there is much debate on punitive damages system. What is punitive damages? How about its historic evolution? How to define its concept? What rationality does it have? How to apply such system in practice? And is it necessary to broaden the application of such system in China? These questions are all worth our deliberations and are also the purposes of this article. Besides the introduction and the epilogue, this article contains five chapters totaling 33,000 words.The first chapter deals with the historic evolution of punitive damages system. This chapter starts with the ancient law inchoation of punitive damages system, followed by a summarization of the birth and development of punitive damages system in modern common law countries. The end of this chapter discusses the influence punitive damages system in common law countries has on the theories and legislations of damages system in civil law countries. By this chapter, the article intends to provide a clear sketch of the historic evolution of punitive damages system.The second chapter deals with the definition of punitive damages system. First of all, after giving an introduction and analysis of various definitions of punitive damages in common law, the author gives his own definition: punitive damages are the part of damage with the nature of punishment, rendered to the injured and furnished by the defendant, in order to punish the seriously illegal act of the defendant and prevent the defendant and others from such act. Secondly, the chapter analyzes the punitive, additional and legal characteristics of punitive damages compared with compensatory damages. The chapter ends with the distinguishing of punitive damages to immaterial damages.Chapter three covers the rationality of punitive damages system. Aimed at the skepticism and debate of the legal scholars on punitive damages, this chapter demonstrates the rationality of punitive damage in terms of its functions, values and nature. It is then concluded that punitive damages have the functions of punishment and deterrence, reflect social equality and justice, and help to realize social safety, order and efficiency as well. Moreover, it does not contradict the basic principles of traditional civil law.Chapter four deals with the application of punitive damages system, such as the requirements of its application, the scope of its application and the amount of punitive damages. The author believes that malice or great negligence is the requirements of its application and compensatory damages are the prerequisite of punitive damages. As to the scope of its application, punitive damages should be applicable to both torts and breaches of contract. To determine the amount of punitive damages, the principle of moderate deterrence should used and other factors should also be taken into account.Chapter five proposes the frame of China's punitive damages system. First, it introduces the current conditions of China's legislation on punitive damages. Second, it addresses the necessity and feasibility of broadened application of punitive damages in our country. In the end, the chapter raises some proposals for the broadened application of punitive damages in other legislations.